EPA v. City of Connell UAO

Case summary

On October 23, 2018, America's Water Infrastructure Act (AWIA) was signed into law; Section 2013(b) of the Act amends Section 1433 of the Safe Drinking Water Act (SDWA). Section 1433(b) requires Community Water Systems (CWS) serving more than 3,300 people to develop or update Emergency Response Plans (ERPs) based on the findings of its Risk and Resilience Assessment (RRA) and certify to the U.S. Environmental Protection Agency (EPA) that this work has been completed. CWSs serving 3,301-49,999 people were required to submit certification to the EPA that it conducted its RRA on or before June 30, 2021, and to submit an ERP certification statement no later than December 31, 2021. On April 18, 2022, EPA notified City of Connell CWS that the Respondent must certify their RRA and ERP as required by AWIA. At the time of contact, City of Connell CWS had not yet prepared a RRA and ERP. On May 23, 2022, EPA Region 10 issued a Unilateral Administrative Order (UAO) to City of Connell to ensure compliance and implement these protections. According to SDWIS, this CWS serves a population of 5,150 people. According to EJScreen, this CWS is an area of potential EJ concern for indexes in the State Percentile, EPA Region Percentile and USA Percentile.

Defendants (1)

• City of Connell (PWS ID WA5314600)Named in complaintNamed in settlement

Facilities (1)

• CONNEL CITY HALL

  104 E ADAMS STREET, CONNELL, WA, 99326

  Registry ID: 110010901382

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• City of Connell UAOentered 2022-05-23

  Primary law: SDWA

Timeline (4 milestones)

• 2022-05-23Complaint Filed/Proposed Order
• 2022-05-23Final Order Issued
• 2022-05-25Enforcement Action Data Entered
• 2022-07-29Enforcement Action Closed